The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-23

persons of the other sex; has not been |
Convicted of incest, fornication or |
adultery, and is willing to take and sub
scribe to the oath as prescribed by the
Twenty fourth Section OF the Act of
Congress.
as to those in polygamy or unlawful
cohabitation, they are disqualified
whether they have been convicted or
not.
The oath is to be subscribed. and
therefore it is to be written or printed
nor less than that which is provided IN
the act.
The oath prescribed by Congress Gas
to its material parts) is entirely promis
sory in it's character, having reference to
the future, the affiant swearing not as
to what ne does or has done, but what
ne wlH, or qOiU not do Whether he is
willing or not to take the oath, is a mat.
Ter addressed to his own conscience.
and is binding only IN foro co1lscientia'.
The duties OF the officer in making the
registration and administering the oath
are purely ministerial in their cbarac-
ter, and he has no right to inquire into
any mans motives, nor to catechlse
him as to his opinions on matters OF
religion, tithes or other church contri-
buttons, or his church membership.
Itwas evidently the intention OF Con-
gress to allow all male ersons Of proper
age, etc to Vote if they are not dis
quail ed by polygamy. ETC., provided
they are willing to take the prescribed
bath.
81 An inquisitorial catechism OF meta
physical character by the registrars, as
to whether the party might some time
AZ oh or
into polygamy, or under certain seduc-
tive temptations might commit fornica-
ton or adultery, is in my opinion not
authorized by law. The same remarks
will apply to the registration officer on
proceeding to strike off names on
the registry list. In such a proceeding
| be NAV investigate the questions
whether a party is under any OF the
disabilities provided by Territorial law
or the Acts of Congress. These last
ARE: Is he in fact polygamist? is he
living IN unlawful cohabitation? Is he
associating or cohabiting polygamously
| with persons of the other sex? Has he
been convicted of bigamy, polygamy.
l.unlawfal coma bitation. incest, adultery
| or fornicatlon? Has he taken the oath
prescribed by the act of Congress? This
enumeration eXhausts ALL the qMd!ttcd-
tions provided by Congress-. Further
than tits Except as to local statutory
qualifications the registrar cannot go.
The same principle will apply to judges
d election. upon a challenge at the
polls.
The law of Congress provides that no
| person otherwise illegible to vote, "
shall be excluded from the polls ION
account of any opinion SUCH person
NAV entertain on tue subject of bigamy
or polygamy." The debates in Con-
g-ess, especially in the Senate, plainly
show that the advocates and champions
of the bill, regarded it as not interior
ing with any mans religious opinion, or
church membership.
The duty of this Commission and the
registration and election officers, is not
to make, but to execute the law, such
law as Congress has given us. We must
execute it as IL Is, not as We might 10lSA
il to be.
In conclusion, it may not be deemed
lsuperfuous to say, that our COMMISSION
does not claim authority to instruct any
body-as has been asserted. But from
the time OF our first appearance IT
Utah we have annually issued a circu-
lar for the information OF registrars
and another to the election judges
The necessity Oh tnlS dIoSe Ion
the fact that we have been, ane
still are, constantly receiving inquiries
from such officers and others in REGARD
to the Interpretation of the law and tn
course of procedure. This course has
heretofore, been approved or acquiescef
in, in the very quarter from which OBJ
jections now come. We submit tina
the propriety of giving such informa'
. ton, is now more plainly demonstrates
than at any previous time, by. reason
of the exasperated condition of publ
feeling how existing in Utah. Very re
specially yours, A. B. CARLTON,
Chairman Utah Commission.
P. S.-Since the foregoing was writ
ten, it has transpired that committe
, OF gentlemen wish to have an interview
l with the Commission touching the fort
e of oath, etc. l wish 70 state that l ar
t open to conviction, if good reason
can be shown-and I will further sa
e that 1 alone am responsible for thi
: communication, though | have goo
: reason for the opinion that most, if nc
e all, the Commissioners concur.
e Yours, etc., A. b. z.